Summary: We will not investigate Mr X’s complaint that the Council’s social workers prepared inaccurate and biased court reports and committed data breaches. We cannot investigate matters that were considered in court. His concerns about data breaches are better placed with the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council’s social workers prepared court reports that were biased and contained inaccurate and damaging information. He also believes the social workers committed data breaches.
2. Mr X says the matter has caused him distress. He wants the reports corrected and for the Council to retrain its staff.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mr X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The law prevents us from investigating reports that were considered in court. This means we also cannot consider the social worker’s actions in preparing the reports, including any allegations of bias, unprofessional behaviour or any alleged inaccuracies contained in the reports. It was open to Mr X to raise such concerns during the court proceedings. Therefore, I cannot investigate.
9. The law also says we may not investigate if we consider another body is better placed to consider the complaint. Mr X’s concerns about alleged data breaches and rectification of records are better placed with the Information Commissioner’s Office (ICO). The ICO is the independent regulatory body responsible for upholding data privacy and personal information and is better placed to consider complaints about this. Therefore, I will also not investigate this aspect of Mr X’s complaint.

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Final decision

10. We cannot investigate Mr X’s complaints because we cannot investigate matters that were considered in court and because the ICO is better placed to consider his data concerns.

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Investigator's decision on behalf of the Ombudsman